The Consumer Financial Protection Bureau’s ability-to-repay requirements and standards for qualified mortgages will prompt greater rating-service scrutiny of lenders that participate in the non-agency mortgage-backed security market. Fitch Ratings noted last week that its new criteria for non-agency MBS with mortgages that have loan applications that were received on or after Jan. 10 will require additional analysis, including an expanded review of underwriting processes ...

Bipartisan mortgage-reform legislation under consideration in the Senate could open significant opportunities for firms currently involved in the non-agency market, according to industry analysts. Firms with jumbo conduit operations and real estate investment trusts that invest in non-agency mortgage-backed securities could see their potential markets increase significantly under the proposed system. Sens. Tim Johnson, D-SD, and Mike Crapo, R-ID, have proposed a ...

Bank of America this week agreed to settle lawsuits filed by the Federal Housing Finance Agency regarding non-agency mortgage-backed securities purchased by Fannie Mae and Freddie Mac. Eleven of the 18 non-agency MBS lawsuits filed by the FHFA in 2011 have now been settled and the claims against BofA and its affiliates were by far the largest. BofA said it agreed to make a total of $5.8 billion in payments to Fannie and Freddie as part of the settlement and spend $3.5 billion to ...

The monitor of the $25 billion national servicing settlement certified last week that the five participating banks completed their loss-mitigation obligations a year earlier than the three-year deadline set by the settlement. Regulators involved in the settlement continue to defend allowing the banks to complete a portion of their obligations by modifying mortgages in non-agency mortgage-backed securities. Bank of America, Citi, JPMorgan Chase, Residential Capital and Wells Fargo ...

The Structured Finance Industry Group said it’s scheduled to meet with the Treasury Department next week regarding return of private capital to the mortgage market. The trade group has a meeting on the same topic with the Federal Housing Finance Agency scheduled for April 16. W.J. Bradley Mortgage Capital announced a number of new jumbo product offerings last week. The lender now offers loans with balances of up to $3.0 million and ... [Includes seven briefs]

Origination of FHA-insured reverse mortgages fell in the fourth quarter as borrowing costs increased and loan amounts shrank due to tighter agency rules for these loan products, according to Inside FHA Lending’s analysis of agency data. The FHA reported $15.3 billion Home Equity Conversion Morgages originations for 2013, which was up 20.6 percent from $12.7 billion in 2012. Production, however, fell 12.6 percent quarter over quarter as policy changes designed to stabilize the ailing Mutual Mortgage Insurance Fund and help ensure that HECM borrowers can sustain themselves for longer periods of time took effect on Sept. 30. The changes include limiting disbursements at loan closing, or during the initial 12 months after closing, to 60 percent of the initial principal limit. Borrowers who draw more than 60 percent will pay ... [1 chart]

Lenders are cautiously expanding their guidelines on FHA lending by reducing its minimum credit score to below 580 to qualify borrowers. Carrington Mortgage Servicers this week joined a cadre of some 80 FHA lenders that have lowered their minimum FICO scores and eased their overlays to better focus on borrowers, particularly those below the 640 FICO range. The Santa Ana, CA-based lender is doing it not only for its FHA business but also for its VA and USDA loan programs. Carrington lowered its minimum FICO score to 550 for FHA loans, showing more aggressiveness than Wells Fargo, which moved its own FHA FICO floor to 600 from 640 at the beginning of February for purchase mortgages originated through its retail channel. The FHA currently requires a minimum credit score of 580 for most borrowers for 3.5 percent downpayment loans. Borrowers below 580 undergo more stringent manual underwriting and ...

Approved lenders should review thoroughly all information before submitting their mortgage insurance certificates (MIC) to FHA because there have been too many mistakes over the past year, the agency warned. In the latest issue of Lender Insight, the FHA said lender requests to correct information on MICs have been more frequent than expected. Of the MIC corrections the FHA has reviewed, 81.5 percent stemmed from the agency’s Lender Insurance program. An MIC is a document issued by the Department of Housing and Urban Development as proof that FHA has insured a mortgage loan, and that a contract of mortgage insurance exists between the lender and HUD/FHA that incorporates agency regulations. A loan is considered as having no FHA insurance if it does not receive an MIC, regardless of how it is closed. The FHA made clear that it is the lender’s responsibility to ensure that information ...

The Department of Housing and Urban Development has published a proposal to eliminate the requirement that an FHA borrower be required to pay interest even after the loan is prepaid. Specifically, the proposed change would prohibit FHA lenders from charging post-payment interest, allowing them instead to charge interest only through the date the mortgage is paid. The proposed rule change is necessary to avoid FHA loans being prohibited under new Consumer Financial Protection Bureau ability-to-repay rules and revised higher-cost loan regulations starting in January 2015. It effectively aligns FHA prepayment rules with the new CFPB rules. Comments on the proposal are due by May 12, 2014. The FHA currently allows lenders to charge interest for the full month if the borrower prepays on a date other than the installment due date. Regardless of whether the loan is FHA or non-FHA, there were complaints among borrowers that ...

The Association of American Retired Persons hit the Department of Housing and Urban Development again with another class-action lawsuit for allegedly failing to protect four surviving spouses of Home Equity Conversion Mortgage borrowers against foreclosure and eviction.The complaint was filed in the U.S. District Court for the District of Columbia, where last September a federal judge found HUD in violation of federal law in a similar case. The court remanded the case to HUD to determine the appropriate remedy for the problem. The AARP Foundation Litigation and the law firm of Mehri & Skalet, the same entities that successfully litigated last year’s reverse mortgage case, represented the plaintiffs, none of them younger than 65 years of age. The suit challenges HUD’s promulgation of HECM regulations, which allegedly is ...